The landmark Supreme Court conclusion in Zalewski, handed down in April, declared the inherent validity of the WRC but announced that certain facets of the WRC processes were unconstitutional.
Soon after the ruling, the authorities declared its own plan to introduce emergency legislation that provide for”some incremental alterations” permitting WRC hearings to be held in people and evidence to be viewed on oath.
But, employment attorneys have since raised concerns regarding the time required to introduce laws, indicating that the issues raised by the Zalewski ruling are more complicated than ministers have stated.
Dublin attorney Richard Grogan advised Irish Legal News a month the court’s remarks on the liberty of adjudication officers might necessitate the appointment of permanent and fulltime adjudication officers.
Mr Varadkar made no mention for the as he advised TDs yesterday:”We’ll require laws fairly shortly, within the next few weeks, to react to this Zalewski conclusion, that requires that hearings could be held in public and that evidence has to be supplied on oath.”
It had been claimed that the absence of an appeal procedure to the courts against the WRC rendered the whole procedure an impermissible government of justice.
At a 4-3 majority view, the court decided that the WRC procedure proved to be a constitutional government of justice from the State. In reaching its judgment, the court grappled with the challenging dilemma of defining the”administration of justice” in the law.
Noting that”independence and impartiality are essential parts of the capability to administer justice”, the court stated that the ministry’s ability to revoke the appointment of an adjudication officer is”troubling, especially since it’s very likely that the adjudication officers will be civil servants at the ministry’s department along with different duties where they will often be asked to accept leadership”.
The closing orders at Zalewski didn’t incorporate a statement on the liberty of adjudication officers, however, the court stated it was”certain that its observations within that circumstance will be taken on board”.
